The Brookhaven leader., 1887-09-15
The Case OF Jones Hamilton.

same nf The Mewphis ard New
Olcaus d.,i,jrs have fallen into the
error oI Surprising ,hut the HHmiI
tn case ha, hecoue g'raliN com
rlicated and Involved in n mass ot
legal web, past all u, derstaud.
ing.
The status Of the cnsc Ia, however,
very simple. Many different efforts
have been made on many ridiculous
grounds to get another trial upon
haheas copus, and so far these
efforts have failed, hut resulted in
no complication Of the case.
The defense first claimed that
they could have sccond hahca~
corpus trial after an indictment had
been found. Failing in this, they
then claimed that the first trial was
no legal trIal at all, and consequent
Is they should now have bona Rde,
all wool and yard wide trial. and be
allowed to experiment with nor
Ike Thomaases and Lamar Fon-
taines, rrot Sue faIlery and the TN
known modest young man on tho
stage.
When their pins were knocked
from under them on this expert.
meut, they then endeavored Ia get
new trial on the 2round that The
bullet in Col. Hamilton's ann was
troubling hun. The Judge decijed
that no arm trouble or sickness
would afford cause TO so into trial
on the merits OF the case.
They then brought MP expert
ply slcians to swear as to The great
danger Of allowing the ball tn remain
in hls arm, and The great danger Of
taking ii out while the Co,oucl
remained in this jail. with its poo.
sewerage, and asked that he conse-
quenIiy be given bail on Tie human
ny dodge.
But some of the physicians they
brought toward, while friendly TO
the Colonel, unfortunately had con
sciences, and would not swear with
the great vim and energy which
such an allegation required, aud the
other physicians contratictcd each
other; and that effort 30 secure bail
proved a most wocIul Hat.
Col. Nugcnt, however, is not what
john Alien calls q conscience
bound man he is not a man whose
cons cIcnce always aHuoys aud ham
PETS him and renders lite constant
harden Ia him On he contrary, he
Is Il man with a broad, hhcIai and
progressive conscience, a conscience
fully abreast with the times ant
equal to all the emergencies and
ucrc~eilies Of this peculiar case.
So he wrote out smother document
and mado his client swear some
more, :md Brought f'ward the plea
that on the tliaI, that wa. not in
realty a Trial, and the altruela for
the Safe had summoned and put
under the raIe certain witnesses that
thu katw wtfc favorable to the
defense, and Aay,ng rni'i"el lien
to say nothing about the &C.. " H.a 4
had them discharged, Az, ag~ ~
frndant failed to di>covc. -. IL ty.l.
nonv, which Was Of @I.4l W., t..
they being eve WITNESSES, IKE uuto
he great I-aac Thomas
The cuurt seemed 10 be IN doubt
rs t. wh,ther the rephcalion in
which they rendered issue on lhjs
point was sufficient to warrant an
Investigation Of This matter. And
lAerpupon the attorneys for the
Stale claiming that this charge re
tlected upon their honor, the d-a-
vowas Of Cot. Nugent to the con
trary notwithstanding, urged tnst il
be investigated fully, and stated
that if any slightest act Of such
fraud was shown to have been done
hv any one Of the attorneys Tor the
State, the prisoner should have an
other trial upon hebeas corpus.
Testimony on that point is to begin
to-day.
None of these questions, how
ever, have any tendency to compli-
cate the case--tIoy have no b. All z
upon the merits of the case what
ever, and are simply anciIIary queo
rions that bear upon the other an
ciIiary and unimporlant question, as
to whether or not Hamilton snail
have another trial upon habeaS
c0rrus. We call this an unlmpor-
tant question, because if another
trial is had it cannot but result as
the trial before Judge Pryton result,
ed, in committing Jones Hamilton
ard L. M Euhank to prison without
benefit of hail.-Ne'c MiSSiSStppian.
If Hamilton'S attorneys had heen